Terms of Use

Effective: February 6, 2025

These Terms of Use (these "Terms") are between CDT Consulting, LLC dba Thrive Time Wellness ("Thrive Time Wellness," "we," "us" or "our") and "you", the user, which if the user is an entity includes the entity’s officers, employees, representatives and agents. These Terms apply to your use and browsing of the Thrive Time Wellness website (the "Site"), however accessed (e.g., computer or mobile device).

PLEASE READ THESE TERMS IN THEIR ENTIRETY. THESE TERMS INCLUDE, AMONG OTHER PROVISIONS, A MANDATORY ARBITRATION PROVISION, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR RIGHTS. By accessing, browsing or otherwise using the Site, you hereby agree to these Terms and our Privacy Policy (also found in link at footer of site) , which is incorporated herein by reference. These Terms are effective as of the date you first access the Site and remain in effect for so long as you use, browse or otherwise access the Site. Upon termination, you shall no longer be permitted to use, browse or otherwise access the Site. If do not agree to these Terms or our Privacy Policy, then do not use this Site.

Introduction

By using, browsing or otherwise accessing the Site, you hereby acknowledge that: (1) you have not been induced to enter into these Terms by any representations, warranties, guarantees, promises or the like not specifically stated herein, (2) you have read and understand, and agree to be bound by, these Terms and our Privacy Policy, which contain, among other things, warranty disclaimers and limitations on our liability, (3) you will comply with all applicable laws, regulations, ordinances, governmental orders and rules (collectively “Applicable Laws”) when using, browsing or otherwise accessing the Site and (4) Thrive Time Wellness may, at any time, for any reason or for no reason at all, modify or discontinue, on a temporary or permanent basis, any portion of, or all of, the Site, with or without notice to you including without limitation prices and fees for the same. You hereby agree that Thrive Time Wellness, its officers, directors, managers, employees and representatives (collectively, the “Thrive Time Parties”) are not, and will not be, liable to you or to any person or entity for any modification, discontinuation, suspension or termination of the Site.

Requisite Age

By using, browsing or otherwise accessing the Site, you represent and warrant that you are at least 18 years old (or at least the age of majority in the jurisdiction where you reside) or that your parent or legal guardian has reviewed, and agrees to, these Terms and our Privacy Policy. If you (or your parent or legal guardian) do not agree to the Terms or our Privacy Policy, you must immediately discontinue use of the Site.

Our Content

Thrive Time Wellness and its licensors own all right, title and interest in and to the Site including, without limitation, its Content. “Content” means all content that is included or otherwise forms a part of the Site including, but not limited to, all past, present and future versions of the Site, trademarks, trade dress, logos, videos, designs, images, information, data, and any other materials included therein or form a part thereof. The Site may be the subject of intellectual property rights owned or licensed by us from third parties. Except for Permitted Sharing (defined below), nothing contained in these Terms or otherwise, confers to you in any manner, express or implied, any license, right, title or ownership of, or to, our Content, Third Party Content (defined below) or any intellectual property right of Thrive Time Wellness or any third party. Thrive Time Wellness reserves all rights not expressly granted by these Terms.

Copyright

The Site, including our Content and any other materials available through the Site including Third Party Content (defined below) (collectively “Materials”), is the property of Thrive Time Wellness and its licensors and is protected by copyright laws.

Third Party Content

This Site, our monthly newsletters and other communications from Thrive Time Wellness may include third party content, links to third party content or references to third party content, which are not affiliated with us (collectively, “Third Party Content”). We are not responsible or liable for your use of, or reliance on, any Third Party Content. Thrive Time Wellness makes no representations, warranties, guarantees, endorsements or the like with respect to any Third Party Content. Thrive Time Wellness is not liable for any Claims arising from the Third Party Content including, without limitation, personal injury or death.

Access Outside of the U.S.

We are a U.S.-based company and make no representations or warranties that the Materials are appropriate for use or access in locations outside the U.S. The Materials are not intended for distribution or use by any person or entity in any location outside of the U.S. when such distribution or use would violate Applicable Laws or would subject Thrive Time Wellness to any registration requirement. We reserve the right to limit the availability of the Site to certain jurisdictions, at any time, with or without notice to you, and in our sole discretion.

Restrictions on Use

You shall use the Site solely for your own personal use. You are prohibited from removing or modifying any copyright, trademark and other notices when using the Site. You are further prohibited from:

making any modifications to the Materials,
copying the Site or otherwise modifying, adapting, reverse engineering, decompiling, disassembling or hacking the Site, in any manner,
creating derivative works (or allowing any third party to create derivative works) related to the Materials,
leasing, selling, copying, sub-licensing, transferring or assigning any Materials,
introducing any malware, bots, spiders, devices, software or applications that interfere or attempt to interfere with the operation of the Site, and
allowing or assisting any third party to do any of the foregoing.

Under no circumstances shall you use, browse or otherwise access or post to the Site for purposes of:

threatening, harassing, bullying, defaming, abusing or stalking others,
hate speech or other inappropriate content,
exploiting children or trafficking humans,
sharing offensive, vulgar, violent, indecent, obscene or pornographic material,
violating the intellectual property rights of others,
violating Applicable Laws, or
fraud or other unlawful activities.

You hereby acknowledge and agree that any posts or submissions you make in connection with this Stie are entirely voluntary, do not establish a confidential relationship or obligate Thrive Time Wellness to treat your posts or submissions as confidential or secret.

Limited, Permitted Sharing

Subject to your compliance with these Terms and our Privacy Policy, Thrive Time Wellness hereby grants you:

a limited, personal, revocable, non-commercial, non-exclusive, non-sublicensable, non-assignable and non-transferable license to access and view our Content (excluding source and object code), and
a limited, revocable right to engage in the following personal uses of our Content:

- sending our Content to friends and family,

- posting or otherwise displaying a copy of our Content without modification and free of charge on a personal, non-commercial website, or

- posting or otherwise displaying an unmodified copy of our Content (free of charge) on a third party website that permits users to post content so long as our Content is not affiliated with any third party products, services or advertising

(collectively, “Permitted Sharing”).

If you engage in Permitted Sharing, you shall not post (or make) any claims, representations, warranties or guarantees about Thrive Time Wellness, and you shall not imply that Thrive Time Wellness endorses your sharing of our Content.

Except as permitted above, no other uses of the Materials is authorized. We reserve the right to revoke Permitted Sharing at any time and for any reason, after which you hereby agree to immediately cease said sharing of our Content.

Disclaimer of Warranties

THE MATERIALS ARE PROVIDED AS-IS, WHERE-IS, ON AN AS AVAILABLE BASIS AND WITH ALL FAULTS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE . FURTHER, THRIVE TIME WELLNESS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ANY MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY STATEMENT, OPINION OR ADVICE THEREIN) ARE ACCURATE. YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK AND EXPENSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THRIVE TIME WELLNESS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSS, INJURY, CLAIM, LIABILITY, LAWSUIT OR OTHER CAUSE OF ACTION (COLLECTIVELY, ANY “LOSS”) IN CONNECTION WITH OR ARISING OUT OF ANY USE OR ACCESS OF, OR RELIANCE ON, ANY MATERIALS. “DAMAGES” MEANS, COLLECTIVELY, ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY STATEMENT, OPINION OR ADVICE) AVAILABLE ON THE SITE, WHICH MAY CONTAIN INACCURACIES, FLAWS, ERRORS OR UNAUTHORIZED MODIFICATIONS.

YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE MATERIALS IS TO STOP USING THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THRIVE TIME WELLNESS BE LIABLE TO YOU FOR ANY CLAIMS INVOLVING LOSS OR OTHERWISE (COLLECTIVELY, ANY “CLAIMS”) IN CONNECTION WITH OR ARISING OUT OF OR IN ANY WAY RELATED TO, DIRECTLY OR INDIRECTLY, THE MATERIALS, ANY ACTION TAKEN BY LAW ENFORCEMENT AUTHORITIES OR ANY OTHER LOSS INCLUDING DAMAGES FROM ANY SECURITY BREACH, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY, WHETHER SUCH CLAIMS ARE IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE. TO THE MAXIMUM AMOUNT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THRIVE TIME WELLNESS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIMS INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

Waiver of Rights

BY USING, BROWSING OR OTHERWISE ACCESSING THE SITE, YOU UNDERSTAND THAT YOU HEREBY WAIVE RIGHTS TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA TOGETHER WITH ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Hold Harmless

You hereby agree to defend, indemnify and hold Thrive Time Wellness, its officers, directors, managers, employees and representatives (collectively, the “Thrive Time Parties”) harmless from and against any and all Claims, costs, expenses, judgments, settlements and attorneys' fees (collectively “Indemnified Claims”), that are, directly or indirectly, in connection with or arise out of:

your actions or omissions,
your use, browsing or other access to the Materials,
your breach of these Terms (including without limitation the restrictions on use) or our Privacy Policy,
your failure to comply with Applicable Laws,
your misrepresentations, and
your violation of the privacy rights of others.

You hereby further agree to cooperate, at your own cost and expense, with the Thrive Time Parties in the defense of any Indemnified Claim. Notwithstanding anything to the contrary, the Thrive Time Parties reserve the right to assume the exclusive defense and control of any Indemnified Claim, and you will remain liable for the indemnification obligation hereunder. In no event shall you settle any Indemnified Claim without the express written consent of Thrive Time Wellness.

Takedown Notice

If you have a good faith belief that any Material infringes your intellectual property rights, please email cynthia@thrivetimewellness.com. You must include the following information in your notice to us, as required by the Digital Millenium Copyright Act.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material that is claimed to be infringing and that is to be removed and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party (e.g., email address).
A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Enforcement of these Terms

If Thrive Time Wellness, in its sole discretion, believes that you have violated these Terms or our Privacy Policy, Thrive Time Wellness reserves the right to immediately (and without warning or justification) cancel, suspend or terminate your access to the Site and pursue any other remedies available to us at law or in equity including without limitation the right to report any violation of these Terms to law enforcement authorities.

Governing Law; Disputes; and Survival

These Terms and our Privacy Policy are governed by, and shall be construed in accordance with, the laws of the State of Ohio, U.S.A. without application of any conflict of law principles. You hereby agree that any action at law or in equity relating to these Terms or our Privacy Policy that is not subject to mandatory arbitration will be subject to the state or federal courts located in Cuyahoga County, Ohio, U.S.A. You hereby consent and submit to the personal jurisdiction of such courts. A printed version of these Terms and our Privacy Policy and any notice given in electronic form in connection with these Terms and our Privacy Policy are admissible in any court or other administrative proceedings. Any provision these Terms and our Privacy Policy, which should survive by its terms, shall survive including, without limitation, Disclaimer of Warranties, Limitation of Liability, Waiver of Rights, Hold Harmless, Governing Law/Disputes/Survival and Mandatory Arbitration.

Mandatory Arbitration

EXCEPT AS EXPRESSLY PROVIDED FOR BELOW, YOU HEREBY AGREE THAT ALL DISPUTES BETWEEN YOU AND THRIVE TIME WELLNESS REGARDING THESE TERMS AND OUR PRIVACY POLICY INCLUDING YOUR USE, BROWSING OR ACCESS OF THE SITE WILL BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION AND ACKNOWLEDGE THAT THIS CLASS ACTION WAIVER IS INTEGRAL TO THESE TERMS AND YOUR RIGHT TO USE OUR SITE. YOU HEREBY FURTHER AGREE THAT ARBITRATION IS IN-PLACE OF A TRIAL IN COURT BEFORE A JUDGE OR JURY AND THAT YOU ARE FURTHER WAIVING YOUR RIGHT TO A JURY TRIAL. Excluding Claims subject to small claims court jurisdiction, any preliminary injunction action or any action for a temporary restraining order, you hereby agree that all disputes between you and Thrive Time Wellness in connection with these Terms and our Privacy Policy including your use, browsing or access to the Site (in any case, a "Dispute") will be resolved by binding, individual arbitration in accordance with the American Arbitration Association's Consumer Arbitration Rules (the “Rules”), whether based in contract, tort, statute or otherwise. Notwithstanding anything to the contrary, no arbitrator shall have the authority to award punitive, special or exemplary damages. Judgment on the award rendered by an arbitrator(s) may be entered in any court having competent jurisdiction. To initiate an arbitration, you must file a demand for arbitration with the American Arbitration Association (the “AAA”) in accordance with the Rules. You are responsible for the filing fees, the arbitrator’s fees, your own costs and expenses and your attorney's fees. The arbitration shall be held in Cleveland, Ohio, U.S.A. (or virtually, if both parties agree in writing).

Updated Terms of Use

We reserve the right to restate, modify, edit or otherwise update these Terms and our Privacy Policy at any time or from time to time, with or without notice to you, which such updated Terms (or Privacy Policy, as the case may be) are effective at the time of posting. You hereby agree that your continued use of the Site with updated Terms or Privacy Policy, as the case may be, constitutes your agreement to them.

Site Maintenance

Our Site is subject to outages, either scheduled or unscheduled.

Consent to Receive Communications Electronically

You hereby consent to receive notifications from Thrive Time Wellness electronically to the email address you provide to us and that any such electronic communications satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. The Site may offer features that are available to you via your mobile phone or other mobile device. If you use such features, messaging, data and other fees may be charged by your carrier.

Third Party Service Providers

There may be times when we partner with a third party provider to offer a platform, website, application, service or feature (“Third Party Platform”) that has its own written terms and conditions and/or privacy policy (such as Practice Better), a third party provider that provides a platform for you to book appointments with, and pay for your appointments with, Thrive Time Wellness,). To the extent you use, browse or otherwise access a Third Party Platform, you hereby agree to comply with the terms and conditions and privacy policies of those third party service providers.

General

The titles and headings in these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or limit the terms and conditions set forth herein. We may assign these Terms and/or our Privacy Policy to a third party, in whole or in part, with or without notice to you. You shall not assign these Terms or Privacy Policy without our prior written consent. The waiver of any breach of these Terms or our Privacy Policy shall not be construed to be a waiver of any succeeding breach or any other breach. All waivers must be in a writing signed by the party making the waiver. The provisions in these Terms and our Privacy Policy are severable. The unenforceability or invalidity of any one or more provisions or wording in these Terms or our Privacy Policy shall not render any other provision or wording herein or thererin unenforceable or invalid. The portion of these Terms or our Privacy Policy which is not invalid or unenforceable shall be considered enforceable and binding on the parties, and the invalid or unenforceable provision(s) or wording shall be deemed removed or restricted to the extent necessary to render the same valid and enforceable (and these Terms (or our Privacy Policy, as the case may be) shall be construed as if such invalid or enforceable provision(s) or wording were omitted). These Terms together with our Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements, proposals, negotiations, representations or communications relating to the subject matter hereof. If you have any questions or concerns, you may contact Thrive Time Wellness at cynthia@thrivetimewellness.com.

Notice to California Users

The California Department of Consumer Affairs may be contacted via email at DCA@dca.ca.gov or by phone at (800) 952-5210.

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